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Federal Register / Vol. 86, No. 3 / Wednesday, January 6, 2021 / Rules and Regulations records are not available, including copies of receipts, ledgers of income, income statements of deposit slips, register tapes, invoices for custom harvesting, and records to verify production costs, contemporaneous measurements, truck scale tickets, and contemporaneous diaries that are determined acceptable by the FSA
county committee. To determine whether the records are acceptable, the FSA county committee will consider whether they are consistent with the records of other producers of the crop in that area.

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Payment Calculation QLA Program payments will be calculated using different formulas based on the type of crop forage or nonforage and based on the type of documentation submitted. All QLA
payments, regardless of whether they are forage or non-forage, and the type of documentation submitted, will be calculated using a 70 percent payment factor. Payments calculated based on a county average loss, as described below, will be subject to an additional payment factor of 50 percent.
For forage crops with verifiable documentation of both the nutrient factors for the affected production and historical nutrient factors for the 3
preceding crop years, payment will be equal to the amount of the producers total affected production multiplied by the producers verifiable percentage of loss, multiplied by the average market price determined by FSA, multiplied by 70 percent. The producers verifiable percentage of loss is determined by comparing the nutrient factor test results for the affected production to the average from the 3 preceding crop years, as documented on the FSA899, Historical Nutritional Value Weighted Average Worksheet. The average market price for the QLA Program is the price used for NAP established according to 7
CFR 1437.12.
For forage crops with verifiable documentation of nutrient factors for the affected production but without historical nutrient factors for the 3
preceding crop years, the payment will be equal to the amount of the producers total affected production multiplied by the county average percentage of loss, multiplied by the average market price determined by FSA, multiplied by 70
percent, multiplied by 50 percent.
For affected production of non-forage crops with verifiable documentation of the total dollar value loss due to quality, the QLA Program payment is equal to the producers total dollar value loss on the affected production of the crop,
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multiplied by a payment factor of 70
percent.
For non-forage crops without verifiable documentation of a total dollar value loss but with verifiable documentation of grading factors due to quality, the payment will be equal to the amount of producers affected production multiplied by the county average loss per unit of measure, multiplied by 70 percent, multiplied by 50 percent.
To determine the county average percentage of loss for forage crops or the county average loss per unit of measure for non-forage crops, FSA will calculate the average loss for a crop based on losses of producers applying with verifiable documentation of historical nutritional factors for forage crops or the total dollar value loss for non-forage crops if at least 5 eligible producers submitted that documentation in the county. If less than 5 eligible producers in a county submit verifiable documentation of their historical nutritional factors or their total dollar value loss, FSA will determine a county average percentage of loss or county average loss per unit of measure based on the best available data, including losses of other QLA
Program participants in contiguous counties. If sufficient data is still not available after considering other sources, FSA may determine that a county average cannot be calculated and producers in that county applying for payment under the applicable calculation are ineligible.
Payments for the QLA Program will not be issued until the application period has ended in order to allow FSA
to determine the county average losses, as well as the total payments requested under the QLA Program. The Further Consolidated Appropriations Act, 2020
provides funding for the QLA Program to be available until December 31, 2021, in an amount equal to the remaining funds provided under the Bipartisan Budget Act of 2018 Pub. L. 115123 for losses due to Hurricanes Harvey, Irma, Maria, and other hurricanes and wildfires occurring in calendar year 2017,2 and remaining funds provided under the Disaster Relief Act for losses due to Hurricanes Michael and Florence, other hurricanes, floods, tornadoes, typhoons, volcanic activity, snowstorms, and wildfires occurring in 2 FSA provided assistance for losses due to Hurricanes Harvey, Irma, Maria, and other hurricanes and wildfires occurring in calendar year 2017 through the 2017 Wildfires and Hurricanes Indemnity Program 2017 WHIP final rule published July 18, 2018, 83 FR 3379533809 and the Florida Citrus Recovery Grant Program.

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calendar years 2018 and 2019.3 If the total amount of calculated QLA Program payments exceeds the amount of funding available, FSA will prorate all payments by a national factor.
A person or legal entity, other than a joint venture or general partnership, is eligible to receive, directly or indirectly, up to $125,000 per crop year in QLA
Program payments. FSA will use the notification of interest provisions in 7
CFR 1400.107 and payment attribution provisions in 7 CFR 1400.105 for attributing and limiting payments to persons and legal entities. FSA will also use provisions in 7 CFR 1400.104 when changes in a farming operation result in an increase in persons to which payment limitation applies. Payments made to a joint operation including a general partnership or joint venture cannot exceed $250,000 per person or legal entity that comprise the ownership of the joint operation. Payments made to a legal entity will be reduced proportionately by an amount that represents the direct or indirect ownership in the legal entity by any person or legal entity that has otherwise reached the maximum payment limitation. These rules for attributing and limiting payments are consistent with the programs FSA administers on behalf of the Commodity Credit Corporation.
A person or legal entity, other than a joint venture or general partnership, is ineligible for a 2018, 2019, or 2020
payment if the persons or legal entitys average adjusted gross income AGI is more than $900,000, unless at least 75
percent of that persons or legal entitys average AGI is derived from farming, ranching, or forestry-related activities.
The average AGI for each of the program years 2018, 2019, or 2020, is determined using the average of the adjusted gross incomes for the 3 taxable years preceding the most immediately preceding taxable year. For example, for the 2019 program year, the producers AGI would be based on the 2015, 2016, and 2017 tax years. If at least 75 percent of the persons or legal entitys AGI is derived from farming, ranching, or forestry-related activities and the participant provides the required certification and documentation, the person or legal entity is eligible to 3 FSA has previously provided assistance for losses due to Hurricanes Michael and Florence, other hurricanes, floods, tornadoes, typhoons, volcanic activity, snowstorms, and wildfires occurring in calendar years 2018 and 2019 through the Wildfires and Hurricanes Indemnity Program Plus WHIP+, On-Farm Storage Loss Program, and Milk Loss Program final rule published September 13, 2019, 84 FR 4851848537, as well as through several grants and cooperative agreements with sugar beet cooperatives.

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